Australian Ultralight Federation Inc

U35/59 Wollongong St

PO Box 1265, Fyshwick  ACT  2609

Ph: 02 6280 4700          Fax: 02 6280 4775

 

SUBMISSION TO SENATE RURAL & REGIONAL AFFAIRS

and TRANSPORT COMMITTEE

 

Reference: "TRANSPORT SAFETY INVESTIGATION BILL"

 

Thank you for this opportunity to comment on this proposed Bill.

 

The original AUF concern was the point that the promoters of this legislation were advising Parliament that the Sports Aviation organisations had been consulted on this proposal, when in fact the AUF who works with ATSB on a regular basis was not even aware of the Bill's existence.  Following publicity throughout the Recreational and Sports scene this office has come under adverse criticism from our membership for this reported "agreement" between ATSB (Air Transport Safety Bureau) and us!

 

The Legislation: 

At a time when the "human rights" fraternity are meddling and slowing the Government's legislation to protect the population from terrorists it is hard to understand the "heavy handed approach" of this legislation!

 

32.  (1) " the Executive Director may require a person to attend before the Executive Director and answer questions put by any person relating to matters relevant to the investigation: etc

 

32         (5)  " A person to whom a requirement is given in accordance with this section must not:

(a)   fail to attend etc--, or.

(b) refuse to take an oath,

(c) refuse or fail to answer a question, etc--;

(d) fail to produce to the Executive Director the specified evidential material etc.

  Maximum  Penalty 30 Penalty Units

 Note Self incrimination is not an excuse for failing to answer a question" 

 

 

33   "The Executive Director may enter special premises (accident premises or vehicle) without the occupier's consent and without obtaining a warrant.  The Executive Director may do so with such assistance and by such force as is necessary and reasonable."

 

While all of the above appear as though with minor amendment they would look great as part of anti-terrorist legislation they are completely out of place when we are talking about investigation of a civil accident.  ATSB's claim that this is necessary now that they are also responsible for trains doesn't make any difference to civil liberties.  A train wreck isn't going to vanish while the Executive Director puts his case and gets a warrant to search the rail yards for bogus parts in a diesel engine or dry rot in the railway sleepers.

 

18 Immediate reports

(1)     If a responsible person has knowledge of an immediately reportable matter ("means any transport safety matter that can be investigated etc."), then the person must report it to a nominated official as soon as is reasonably practicable and by the means prescribed by the regulations.

      Maximum Penalty: Imprisonment for 6 months.

For the ultralight fraternity where two stroke engines that stop regularly and broken undercarriages are part of a weekend's recreation, this regulation is an overkill in the extreme and the one that has our members deeply concerned.  ATSB has now pointed out that this threat to our people has been there all along and is nothing new.  The difference is that now we know about it and it is causing angst among our members.  We have a requirement to report "accidents and incidents" in our Operations Manual and our members do it willingly, however they are not impressed with the threat of six months gaol being held over their heads.

 

Finally, ATSB has told me that we have nothing to fear from this legislation because we are protected from any "police state type action" by the Objects of the Act at 7.  I do not agree that this gives us any protection whatsoever.

 

Para 2 (of 7) says in part: "During the investigation of a transport safety matter under this Act, there be co-operation between the Executive Director and any other Commonwealth agency or persons, etc"   Presumably CASA would fit into this?  Para (3) then goes on and states what are not objects of this Act. 

 

I do not see that something not being an "object of this Act" gives a person any protection at all.  In other words it doesn't say that it can't be done!  What is even scarier is if CASA are there tagging along being assisted by ATSB (in accordance with 7, (2) while the Executive Director and his storm troopers are breaking down doors without a warrant!

 

On behalf of my members we urge the members of this Senate committee to bring some reason to bear in this legislation?

 

 

 

 

Paul Middleton

Executive Director

Australian Ultralight Federation Inc.

 

Canberra 23 October 2002